Search and Surveillance Bill

305 Misuse of Drugs Amendment Act 1978 amended

• (1) This section amends the Misuse of Drugs Amendment Act 1978.

  (2) Section 10(1) is amended by inserting the following definitions in their appropriate alphabetical order:

  “serious violent offence means any offence—

  • “(a) that is punishable by a period of imprisonment for a term of 7 years or more; and

  • “(b) where the conduct constituting the offence involves—

    • “(i) loss of a person's life or serious risk of loss of a person's life; or

    • “(ii) serious injury to a person or serious risk of serious injury to a person; or

    • “(iii) serious damage to property in circumstances endangering the physical safety of any person; or

    • “(iv) perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—

      • “(A) that is punishable by a period of imprisonment for a term of 7 years or more; and

      • “(B) that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii)

  “specified offence means any of the following offences:

  • “(a) an offence punishable by a period of imprisonment for a term of 10 years or more:

  • “(b) an offence against section 116 of the Crimes Act 1961 (which relates to conspiring to defeat justice):

  • “(c) an offence against section 117 of the Crimes Act 1961 (which relates to corrupting juries and witnesses):

  • “(d) an offence punishable under section 223(b) of the Crimes Act 1961 (theft of property exceeding $1,000 in value):

  • “(e) an offence against section 243 of the Crimes Act 1961 (which relates to money laundering):

  • “(f) an offence punishable under section 247 of the Crimes Act 1961 (which relates to receiving property dishonestly obtained)

  “terrorist offence means an offence against any of sections 6A to 13E of the Terrorism Suppression Act 2002”.

  (3) Section 12(1) is amended by inserting the following paragraphs after paragraph (b):

  • “(ba) allow the package or goods to be delivered by a person who has agreed to co-operate with Customs; or

  • “(bb) deliver the package or goods; or”.

  (3) Section 12(1)(b) is amended by omitting “package or goods” and substituting “package, goods, or mail”.

  (3A) Section 12 is amended by inserting the following paragraphs after paragraph (b):

  • “(ba) allow the package, goods, or mail to be delivered by a person who has agreed to co-operate with Customs; or

  • “(bb) deliver the package, goods, or mail; or”

  (3B) Section 12(1)(c) is amended by omitting “goods or mail” and substituting “package, goods, or mail”.

  (3C) Section 12(2) is amended by omitting “goods or mail” in each place where it appears and substituting in each case “package, goods, or mail”.

  (4) Sections 12A to 12C, and 14 to 29 are repealed.

  (4) Sections 12A to 12C are repealed.

  (4A) Sections 14 to 29 are repealed.